Date of Issuance Clause Example with 19 Variations from Business Contracts

Date of Issuance. (a) The To the extent that your Award is exempt from the application of Section 409A of the Code, the issuance of shares of Common Stock in respect of the Restricted Stock Units is intended to comply with Treasury Regulations Regulation Section 1.409A-1(b)(4) and will be construed and administered in such a manner. (b) Subject to the satisfaction of the withholding obligations Withholding Taxes set forth in Section 10 of this Award Agreement, in the event one or more Restricted Stock Units vests..., the Company shall will issue to you you, on the vesting date, one (1) share of Common Stock for each Restricted Stock Unit that vests on the applicable vesting date(s) (subject to any adjustment under Section 3 above). The and such issuance date determined by this paragraph is referred to as the "Original Issuance Date". (b) Date." If the Original Issuance Date falls on a date that is not a business day, delivery shall will instead occur on the next following business day. In addition, if: (c) However, if (i) the Original Issuance Date does not occur (1) during an "open window period" applicable to you, as determined by the Company in accordance with the Company's then-effective policy on trading in Company securities, or (2) on a date when you are otherwise permitted to sell shares of Common Stock on an established stock exchange or stock market, market (including but not limited to under a previously established written trading plan that meets the requirements of Rule 10b5-1 under the Exchange Act and was entered into in compliance with the Company's policies (a "10b5-1 Plan")), and (ii) either (1) Withholding Taxes do not apply, or (2) the Company decides, prior to the Original Issuance Date, elects (A) not to satisfy the Withholding Taxes described in Section 10 by withholding shares of Common Stock from the shares otherwise due, on the Original Issuance Date, to you under this Award, and (B) not to permit you to enter into a "same day sale" commitment with a broker-dealer pursuant to Section 10 of this Agreement (including but not limited to a commitment under a 10b5-1 Plan) and (C) not to permit you to pay your the Withholding Taxes in cash, 2. cash or from other compensation otherwise payable to you by the Company, then the shares that would otherwise be issued to you on the Original Issuance Date will not be delivered on such Original Issuance Date and will instead be delivered on the first business day when you are not prohibited from selling shares of the Company's Common Stock in the open public market, but in no event later than December 31 of the calendar year in which the Original Issuance Date occurs (that is, the last day of your taxable year in which the Original Issuance Date occurs), or, if and only if permitted in a manner that complies with Treasury Regulations Regulation Section 1.409A-1(b)(4), no later than the date that is the later of (i) the 15th day of the third calendar month of the applicable year following the end of the calendar year in which the such shares of Common Stock under this Award are no longer subject to a "substantial risk of forfeiture" within the meaning of Treasury Regulations Regulation Section 1.409A-1(d) or (ii) the 15th day of the third month following the end of the Company's fiscal year in which such shares of Common Stock under this Award are no longer subject to a "substantial risk of forfeiture" within the meaning of Treasury Regulation Section 1.409A-1(d). (c) The form of delivery of the shares of Common Stock in respect of your Award (e.g., a stock certificate or electronic entry evidencing such shares) shall will be determined by the Company. View More

Date of Issuance. (a) The To the extent that your Award is exempt from the application of Section 409A of the Code, the issuance of shares in respect of the Restricted Stock Units is intended to comply with Treasury Regulations Regulation Section 1.409A-1(b)(4) and will be construed and administered in such a manner. (b) Subject to the satisfaction of the withholding obligations set forth in Section 10 of this Award Agreement, in the event one or more Restricted Stock Units vests, the Company shall will issue to ...you you, on the vesting date, one (1) share of Common Stock for each Restricted Stock Unit that vests on the applicable vesting date(s) (subject to any adjustment under Section 3 above). The and such issuance date determined by this paragraph is referred to as the "Original Issuance Date". (b) Date." If the Original Issuance Date falls on a date that is not a business day, delivery shall will instead occur on the next following business day. In addition, if: (c) However, if (i) the Original Issuance Date does not occur (1) during an "open window period" applicable to you, as determined by the Company in accordance with the Company's then-effective policy on trading in Company securities, or (2) on a date when you are otherwise permitted to sell shares of Common Stock on an established stock exchange or stock market, market (including but not limited to under a previously established written trading plan that meets the requirements of Rule 10b5-1 under the Exchange Act and was entered into in compliance with the Company's policies (a "10b5-1 Plan")), and (ii) either (1) Withholding Taxes do not apply, or (2) the Company decides, elects, prior to the Original Issuance Date, (A) not to satisfy the Withholding Taxes described in Section 10 by withholding shares of Common Stock from the shares otherwise due, on the Original Issuance Date, to you under this Award, and (B) not to permit you to pay your Withholding Taxes in cash, 2. then the shares that would otherwise be issued to you on the Original Issuance Date will not be delivered on such Original Issuance Date and will instead be delivered on the first business day when you are not prohibited from selling shares of the Company's Common Stock in the open public market, but in no event later than December 31 of the calendar year in which the Original Issuance Date occurs (that is, the last day of your taxable year in which the Original Issuance Date occurs), or, if and only if permitted in a manner that complies with Treasury Regulations Regulation Section 1.409A-1(b)(4), no later than the date that is the later of (i) the 15th day of the third calendar month following the end of the applicable year following the calendar year in which the such shares of Common Stock under this Award are no longer subject to a "substantial risk of forfeiture" within the meaning of Treasury Regulations Regulation Section 1.409A-1(d) or (ii) the 15th day of the third month following the end of the Company's fiscal year in which such shares of Common Stock under this Award are no longer subject to a "substantial risk of forfeiture" within the meaning of Treasury Regulation Section 1.409A-1(d). (c) The form of delivery (e.g., a stock certificate or electronic entry evidencing such shares) shall be determined by the Company. View More

Date of Issuance. (a) The issuance of any shares of Common Stock in respect of this Award is (i) subject to satisfaction of the Restricted Stock Units is tax withholding obligations set forth in Section 10 and (ii) intended to comply with Treasury Regulations Section 1.409A-1(b)(4) and will be construed and administered in such a manner. Subject to The form of such issuance (e.g., a stock certificate or electronic entry evidencing such shares) will be determined by the satisfaction of the withholding obligations ...set forth in this Agreement, in Company. (b) In the event one or more Restricted Stock Units subject to this Award vests, the Company shall will issue to you you, on the applicable vesting date, one (1) share of Common Stock for each Restricted Stock Unit that vests on the applicable vesting date(s) (subject to any adjustment under Section 3 above). The such date (and for purposes of this Agreement, such issuance date determined by this paragraph is referred to as the "Original Issuance Date". (b) If Date"); provided, however, that if the Original Issuance Date falls on a date that is not a business day, delivery shall such shares will instead occur be issued to you on the next following business day. In addition, (c) Notwithstanding the foregoing, if: (i) this Award is otherwise subject to Withholding Taxes (as described in Section 10) on the Original Issuance Date, (ii) the Original Issuance Date does not occur (1) (x) during an "open window period" applicable to you, as determined by the Company in accordance with the Company's then-effective policy on trading in Company securities, or (2) (x) on a date when you are otherwise permitted to sell shares of Common Stock on an established stock exchange or stock market, market (including, but not limited to, under a previously established 10b5-1 trading plan entered into in compliance with the Company's policies), and (ii) either (1) Withholding Taxes do not apply, or (2) 2 (iii) the Company decides, elects, prior to the Original Issuance Date, (A) (x) not to satisfy the such Withholding Taxes by withholding shares of Common Stock from the shares of Common Stock otherwise due, on the Original Issuance Date, to you under this Award, Award and (B) (y) not to permit you to pay your such Withholding Taxes in cash, 2. then the shares that would otherwise be issued to you on the Original Issuance Date will not be delivered issued to you on such the Original Issuance Date and will instead be delivered issued to you on the first business day when you are not prohibited from selling shares of the Company's Common Stock in the open public on an established stock exchange or stock market, but in no event later than December 31 of the calendar year in which the Original Issuance Date occurs (that is, the last day of your taxable year in which the Original Issuance Date occurs), or, if and only if permitted in a manner that complies with Treasury Regulations Section 1.409A-1(b)(4), no later than the date that is the 15th day of the third calendar month of the applicable year following the year in which the shares of Common Stock under in respect of this Award are no longer subject to a "substantial risk of forfeiture" within the meaning of Treasury Regulations Section 1.409A-1(d). (c) The form of delivery (e.g., a stock certificate or electronic entry evidencing such shares) shall be determined by the Company. View More

Date of Issuance. (a) The issuance of any shares of Common Stock in respect of this Award is (i) subject to satisfaction of the Restricted Stock Units is tax withholding obligations set forth in Section 10 and (ii) intended to comply with Treasury Regulations Section 1.409A-1(b)(4) and will be construed and administered in such a manner. Subject to The form of such issuance (e.g., a stock certificate or electronic entry evidencing such shares) will be determined by the satisfaction of the withholding obligations ...set forth in this Agreement, in Company. (b) In the event one or more Restricted Stock Units subject to this Award vests, the Company shall will issue to you you, on the applicable vesting date, one (1) share of Common Stock for each Restricted Stock Unit that vests on the applicable vesting date(s) (subject to any adjustment under Section 3 above). The such date (and for purposes of this Agreement, such issuance date determined by this paragraph is referred to as the "Original Issuance Date". (b) If Date"); provided, however, that if the Original Issuance Date falls on a date that is not a business day, delivery shall such shares will instead occur be issued to you on the next following business day. In addition, 2 (c) Notwithstanding the foregoing, if: (i) this Award is otherwise subject to Withholding Taxes (as described in Section 10) on the Original Issuance Date, (ii) the Original Issuance Date does not occur (1) (x) during an "open window period" applicable to you, as determined by the Company in accordance with the Company's then-effective policy on trading in Company securities, or (2) (x) on a date when you are otherwise permitted to sell shares of Common Stock on an established stock exchange or stock market, market (including, but not limited to, under a previously established 10b5-1 trading plan entered into in compliance with the Company's policies), and (ii) either (1) Withholding Taxes do not apply, or (2) (iii) the Company decides, elects, prior to the Original Issuance Date, (A) (x) not to satisfy the such Withholding Taxes by withholding shares of Common Stock from the shares of Common Stock otherwise due, on the Original Issuance Date, to you under this Award, Award and (B) (y) not to permit you to pay your such Withholding Taxes in cash, 2. then the shares that would otherwise be issued to you on the Original Issuance Date will not be delivered issued to you on such the Original Issuance Date and will instead be delivered issued to you on the first business day when you are not prohibited from selling shares of the Company's Common Stock in the open public on an established stock exchange or stock market, but in no event later than December 31 of the calendar year in which the Original Issuance Date occurs (that is, the last day of your taxable year in which the Original Issuance Date occurs), or, if and only if permitted in a manner that complies with Treasury Regulations Section 1.409A-1(b)(4), no later than the date that is the 15th day of the third calendar month of the applicable year following the year in which the shares of Common Stock under in respect of this Award are no longer subject to a "substantial risk of forfeiture" within the meaning of Treasury Regulations Section 1.409A-1(d). (c) The form of delivery (e.g., a stock certificate or electronic entry evidencing such shares) shall be determined by the Company. View More

Date of Issuance. (a) The issuance of any shares of Common Stock in respect of this Award is (i) subject to satisfaction of the Restricted Stock Units is tax withholding obligations set forth in Section 10 and (ii) intended to comply with Treasury Regulations Section 1.409A-1(b)(4) and will be construed and administered in such a manner. Subject to The form of such issuance (e.g., a stock certificate or electronic entry evidencing such shares) will be determined by the satisfaction of the withholding obligations ...set forth in this Agreement, in Company. (b) In the event one or more Restricted Stock Units subject to this Award vests, the Company shall will issue to you you, on the applicable vesting date, one (1) share of Common Stock for each Restricted Stock Unit that vests on the applicable vesting date(s) (subject to any adjustment under Section 3 above). The such date (and for purposes of this Agreement, such issuance date determined by this paragraph is referred to as the "Original Issuance Date". (b) If Date"); provided, however, that if the Original Issuance Date falls on a date that is not a business day, delivery shall such shares will instead occur be issued to you on the next following business day. In addition, (c) Notwithstanding the foregoing, if: (i) this Award is otherwise subject to Withholding Taxes (as described in Section 10) on the Original Issuance Date, (ii) the Original Issuance Date does not occur (1) (x) during an "open window period" applicable to you, as determined by the Company in accordance with the Company's then-effective policy on trading in Company securities, or (2) (x) on a date when you are otherwise permitted to sell shares of Common Stock on an established stock exchange or stock market, market (including, but not limited to, under a previously established 10b5-1 trading plan entered into in compliance with the Company's policies), and (ii) either (1) Withholding Taxes do not apply, or (2) (iii) the Company decides, elects, prior to the Original Issuance Date, (A) (x) not to satisfy the such Withholding Taxes by withholding shares of Common Stock from the shares of Common Stock otherwise due, on the Original Issuance Date, to you under this Award, Award and (B) (y) not to permit you to pay your such Withholding Taxes in cash, 2. then the shares that would otherwise be issued to you on the Original Issuance Date will not be delivered issued to you on such the Original Issuance Date and will instead be delivered issued to you on the first business day when you are not prohibited from selling shares of the Company's Common Stock in the open public on an established stock exchange or stock market, but in no event later than December 31 of the calendar year in which the Original Issuance Date occurs (that is, the last day of your taxable year in which the Original Issuance Date occurs), or, if and only if permitted in a manner that complies with Treasury Regulations Section 1.409A-1(b)(4), no later than the date that is the 15th day of the third calendar month of the applicable year following the year in which the shares of Common Stock under in respect of this Award are no longer subject to a "substantial risk of forfeiture" within the meaning of Treasury Regulations Section 1.409A-1(d). (c) The form of delivery (e.g., a stock certificate or electronic entry evidencing such shares) shall be determined by the Company. View More

Date of Issuance. (a) The issuance of shares in respect of the Restricted Stock Units is intended to comply with Treasury Regulations Section 1.409A-1(b)(4) and will be construed and administered in such a manner. Subject to the satisfaction of the withholding obligations Withholding Obligation set forth in Section 11 of this Agreement, in the event one or more Restricted Stock Units vests, the Company shall issue to you one (1) share of Common Stock for each Restricted Stock Unit that vests on the applicable ves...ting date(s) (subject to any adjustment under Section 3 above). The above, and subject to any different provisions in the Grant Notice). Each issuance date determined by this paragraph is referred to as the an "Original Issuance Date". (b) If the Original Issuance Date falls on a date that is not a business day, delivery shall instead occur on the next following business day. In addition, if: (i) the Original Issuance Date does not occur (1) during an "open window period" applicable to you, as determined by the Company in accordance with the Company's then-effective policy on trading in Company securities, or (2) on a date when you are otherwise permitted to sell shares of Common Stock on an established stock exchange or stock market, market (including but not limited to under a previously established written trading plan that meets the requirements of Rule 10b5-1 under the Exchange Act and was entered into in compliance with the Company's policies (a "10b5-1 Arrangement")), and (ii) either (1) a Withholding Taxes do Obligation does not apply, or (2) the Company decides, prior to the Original Issuance Date, (A) not to satisfy the Withholding Taxes Obligation by withholding shares of Common Stock from the shares otherwise due, on the Original Issuance Date, to you under this Award, and (B) not to permit you to enter into a "same day sale" commitment with a broker-dealer pursuant to Section 11 of this Agreement (including but not limited to a commitment under a 10b5-1 Arrangement) and (C) not to permit you to pay your Withholding Taxes Obligation in cash, 2. then the shares that would otherwise be issued to you on the Original Issuance Date will not be delivered on such Original Issuance Date and will instead be delivered on the first business day when you are not prohibited from selling shares of the Company's Common Stock in the open public market, but in no event later than December 31 of the calendar year in which the Original Issuance Date occurs (that is, the last day of your taxable year in which the Original Issuance Date occurs), or, if and only if permitted in a manner that complies with Treasury Regulations Section 1.409A-1(b)(4), no later than the date that is the 15th day of the third calendar month of the applicable year following the year in which the shares of Common Stock under this Award are no longer subject to a "substantial risk of forfeiture" within the meaning of Treasury Regulations Section 1.409A-1(d). (c) The form of delivery (e.g., a stock certificate or electronic entry evidencing such shares) shall be determined by the Company. View More

Date of Issuance. (a) The issuance of shares in respect of the Restricted Stock Units is intended to comply with Treasury Regulations Section 1.409A-1(b)(4) and will be construed and administered in such a manner. Subject to the satisfaction of the withholding obligations set forth in this Award Agreement, in the event one or more Restricted Stock Units vests, the Company shall issue to you one (1) share of Common Stock for each Restricted Stock Unit that vests on the applicable vesting date(s) (subject to any ad...justment under Section 3 above). The issuance date determined by this paragraph is referred to as the "Original Issuance Date". (b) If the Original Issuance Date falls on a date that is not a business day, delivery shall instead occur on the next following business day. In addition, if: (i) the Original Issuance Date does not occur (1) during an "open window period" applicable to you, as determined by the Company in accordance with the Company's then-effective policy on trading in Company securities, or (2) on a date when you are otherwise permitted to sell shares of Common Stock on an established stock exchange or stock market, market (including but not limited to under a previously established written trading plan that meets the requirements of Rule 10b5-1 under the Exchange Act and was entered into in compliance with the Company's policies (a "10b5-1 Plan")), and (ii) either (1) Withholding Taxes do not apply, or (2) the Company decides, prior to the Original Issuance Date, (A) not to satisfy the Withholding Taxes by withholding shares of Common Stock from the shares otherwise due, on the Original Issuance Date, to you under this Award, and (B) not to permit you to enter into a "same day sale" commitment with a broker-dealer pursuant to Section 11 of this Agreement (including but not limited to a commitment under a 10b5-1 Plan) and (C) not to permit you to pay your the Withholding Taxes in cash, 2. cash or from other compensation otherwise payable to you by the Company, then the shares that would otherwise be issued to you on the Original Issuance Date will not be delivered on such Original Issuance Date and will instead be delivered on the first business day when you are not prohibited from selling shares of the Company's Common Stock in the open public market, but in no event later than December 31 of the calendar year in which the Original Issuance Date occurs (that is, the last day of your taxable year in which the Original Issuance Date occurs), or, if and only if permitted in a manner that complies with Treasury Regulations Section 1.409A-1(b)(4), no later than the date that is the 15th day of the third calendar month of the applicable year following the year in which the shares of Common Stock under this Award are no longer subject to a "substantial risk of forfeiture" within the meaning of Treasury Regulations Section 1.409A-1(d). (c) The form of delivery of the shares of Common Stock in respect of your Award (e.g., a stock certificate or electronic entry evidencing such shares) shall be determined by the Company. View More

Date of Issuance. (a) The issuance of shares in respect of the Restricted Stock Units is intended to comply with Treasury Regulations Section 1.409A-1(b)(4) and will be construed and administered in such a manner. Subject to the satisfaction of the withholding obligations set forth in this Agreement, in the event one or more Restricted Stock Units vests, the Company shall issue to you one (1) share of Common Stock for each Restricted Stock Unit that vests on the applicable vesting date(s) (subject to any adjustme...nt under Section 3 above). The issuance date determined by this paragraph is referred to as the "Original Issuance Date". (b) If the Original Issuance Date falls on a date that is not a business day, delivery shall instead occur on the next following business day. In addition, if: (i) the Original Issuance Date does not occur (1) occurs during an "open a "closed window period" applicable to you, as determined by the Company in accordance with the Company's then-effective policy on trading in Company securities, or (2) on a date securities when you are otherwise not permitted to sell shares of Common Stock on an established stock exchange or stock market, market (for the avoidance of doubt, sales pursuant to a previously established written trading plan that meets the requirements of Rule 10b5-1 under the Exchange Act and was entered into in compliance with the Company's policies (a "10b5-1 Plan") or pursuant to the mandatory "same day sale" commitment described in section 10(d) 2 hereof shall be considered made at a time when you are permitted to sell shares of Common Stock on an established stock exchange or stock market for the purposes of this Section 6(b)(i)), and (ii) either (1) Withholding Taxes do not apply, or (2) the Company decides, prior to the Original Issuance Date, (A) (1) not to satisfy the Withholding Taxes by withholding shares of Common Stock from the shares otherwise due, on the Original Issuance Date, to you under this Award, and (B) (2) not to permit you to pay your Withholding Taxes in cash, 2. cash or from other compensation otherwise payable to you by the Company, then the shares that would otherwise be issued to you on the Original Issuance Date will not be delivered on such Original Issuance Date and will instead be delivered on the first business day when you are not prohibited from selling shares of the Company's Common Stock in the open public market, but in no event later than December 31 of the calendar year in which the Original Issuance Date occurs (that is, the last day of your taxable year in which the Original Issuance Date occurs), or, if and only if permitted in a manner that complies with Treasury Regulations Section 1.409A-1(b)(4), no later than the date that is the 15th day of the third calendar month of the applicable year following the year in which the shares of Common Stock under this Award are no longer subject to a "substantial risk of forfeiture" within the meaning of Treasury Regulations Section 1.409A-1(d). (c) The form of delivery of the shares of Common Stock in respect of your Award (e.g., a stock certificate or electronic entry evidencing such shares) shall be determined by the Company. View More

Date of Issuance. (a) The issuance of shares in respect of the Restricted Stock Units is intended to comply with Treasury Regulations Section 1.409A-1(b)(4) and will be construed and administered in such a manner. Subject to the satisfaction of the withholding obligations set forth in this Award Agreement, in the event one or more Restricted Stock Units vests, the Company shall issue to you one (1) share of Common Stock for each Restricted Stock Unit that vests on the applicable vesting date(s) (subject to any ad...justment under Section 3 above). The issuance date determined by this paragraph is referred to as the "Original Issuance Date". (b) If the Original Issuance Date falls on a date that is not a business day, delivery shall instead occur on the next following business day. In addition, if: (i) the Original Issuance Date does not occur (1) during an "open window period" applicable to you, as determined by the Company in accordance with the Company's then-effective policy on trading in Company securities, or (2) on a date when you are otherwise permitted to sell shares of Common Stock on an established stock exchange or stock market, market (including but not limited to under a previously established written trading plan that meets the requirements of Rule 10b5-1 under the Exchange Act and was entered into in compliance with the Company's policies (a "10b5-1 Plan")), and (ii) either (1) Withholding Taxes do not apply, or (2) the Company decides, prior to the Original Issuance Date, (A) not to satisfy the Withholding Taxes by withholding shares of 2. Common Stock from the shares otherwise due, on the Original Issuance Date, to you under this Award, and (B) not to permit you to enter into a "same day sale" commitment with a broker-dealer pursuant to Section 11 of this Agreement (including but not limited to a commitment under a 10b5-1 Plan) and (C) not to permit you to pay your the Withholding Taxes in cash, 2. cash or from other compensation otherwise payable to you by the Company, then the shares that would otherwise be issued to you on the Original Issuance Date will not be delivered on such Original Issuance Date and will instead be delivered on the first business day when you are not prohibited from selling shares of the Company's Common Stock in the open public market, but in no event later than December 31 of the calendar year in which the Original Issuance Date occurs (that is, the last day of your taxable year in which the Original Issuance Date occurs), or, if and only if permitted in a manner that complies with Treasury Regulations Section 1.409A-1(b)(4), no later than the date that is the 15th day of the third calendar month of the applicable year following the year in which the shares of Common Stock under this Award are no longer subject to a "substantial risk of forfeiture" within the meaning of Treasury Regulations Section 1.409A-1(d). (c) The form of delivery of the shares of Common Stock in respect of your Award (e.g., a stock certificate or electronic entry evidencing such shares) shall be determined by the Company. View More